DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Drawings
The drawings are objected to because of the following informalities:
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “inner ring” as set forth in claim 1 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Reference characters are needed to designate the claimed “seal carrier” and “at least one sealing lip” set forth in claim 8 for a better understanding of Applicant’s claimed invention.
Each distinct part, including modified parts, should be labeled with a distinct reference character to be in compliance with 37 CFR 1.84(p). Note the following informalities:
The part denoted by reference character 3 in the embodiment shown in Fig. 3 is distinct from the part labeled with this same reference character in at least the embodiment shown in Fig. 1.
The part denoted by reference character 6 in the embodiment shown in Fig. 4 is distinct from the part labeled with this same reference character in at least the embodiment shown in Fig. 1.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informality: In paragraph [0022], the phrase “The coating 6 is can be an elastomer or a rubber coating” should be changed to a phrase, such as -- The coating 6 can be an elastomer or a rubber coating -- for grammatical clarity.
Appropriate correction is required.
Claim Objections
Claims 1 and 13 is objected to because of the following informality: The term “of” in the phrase “the first axial part of facing the wheel hub” should be deleted for grammatical clarity. Appropriate correction is required.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 2, 8, 11 and 13-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ohtsuki et al. (DE 10056175 A1; hereinafter “Ohtsuki”; previously cited by Applicant).
Regarding claim 1, Ohtsuki discloses a wheel bearing unit (Fig. 3) for a motor vehicle (Abstract), comprising an outer ring 2, an inner ring 1 fixed on a wheel hub 6 (Fig. 3), and a seal device 5 disposed between the outer ring and the wheel hub (Fig. 3), the seal device comprising at least one sealing element 12 fastened to the outer ring (Fig. 3), and a disc element 11 fastened to the wheel hub (Fig. 3), the disc element having a first axial part 11a and a radial part 11b, and a surface of the first axial part facing the wheel hub is completely provided with a coating 20 (unlabeled, but shown in Fig. 4, shown and labeled in Figs. 5B, 6, 12 and 13).
Regarding claim 2, Ohtsuki further discloses the coating is formed from an elastomer (“rubber” per paragraph [0116]).
Regarding claim 8, Ohtsuki further discloses the sealing element has at least one seal carrier 12a, 12b and at least one sealing lip 16a, 16b.
Regarding claim 11, Ohtsuki further discloses the at least one sealing lip is in contact with the disc element (Fig. 4).
Regarding claim 13, Ohtsuki discloses a wheel bearing unit (Fig. 3) for a motor vehicle (Abstract), comprising: an outer ring 2, a wheel hub 6, rolling elements 3 mounted between the outer ring and the wheel hub (Fig. 3), a seal device 5 disposed between the outer ring and the wheel hub (Fig. 3), the seal device comprising: a sealing element 12 fixed to the outer ring (Fig. 3), and a disc element 11 having a first axial part 11a and a radial part 11b, the first axial part fixed to the wheel hub (via inner ring 1), and a surface of the first axial part facing the wheel hub is completely provided with a coating 20 (unlabeled, but shown in Fig. 4, shown and labeled in Figs. 5B, 6, 12 and 13).
Regarding claim 14, Ohtsuki further discloses the coating has a cylindrical part (unlabeled axially extending part of 20 shown in Fig. 5B) and an adjoining conical part (unlabeled angled part of 20 shown in Fig. 5B) arranged radially between the wheel hub and the disc element (evident from Fig. 3 and Fig. 5B).
Regarding claim 15, Ohtsuki further discloses the coating is formed from an elastomer (“rubber” per paragraph [0116]).
Claims 13-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Vignoito (US 5,149,207; previously cited by Applicant).
Regarding claim 13, Vignoito discloses a wheel bearing unit (Fig.) for a motor vehicle (Title), comprising: an outer ring 11, a wheel hub 10, rolling elements 12 mounted between the outer ring and the wheel hub (Fig.), a seal device (Fig.) disposed between the outer ring and the wheel hub (Fig.), the seal device comprising: a sealing element 2 fixed to the outer ring (Fig.), and a disc element 1 having a first axial part 18 and a radial part 17, the first axial part fixed to the wheel hub (Fig.), and a surface of the first axial part facing the wheel hub is completely provided with a coating 3 (Fig.).
Regarding claim 14, Vignoito further discloses the coating has a cylindrical part 5 and an adjoining conical part at 6 partially arranged radially between the wheel hub and the disc element (Fig.).
Regarding claim 15, Vignoito further discloses the coating is formed from an elastomer (“rubber” per line 12 of col. 2).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 16, 17, 19 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Vignoito.
Regarding claim 16, although Vignoito further discloses the coating on the first axial part has a groove 19 (Fig.), Vignoito fails to expressly disclose a plurality of grooves arranged on the coating of the first axial part.
Nonetheless, to have modified the first axial part of Vignoito to have a plurality of grooves would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention as a mere duplication of parts that would have a reasonable expectation of success in predictably ensuring the two zones of the compressed coating are independent from each other while also ensuring the seal device is better retained in place upon the hub during use of the wheel bearing unit (See In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960) where the court held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced).
Regarding claim 17, Vignoito further discloses the coating further comprises a sealing lip 6 that contacts a radial section of the wheel hub (Fig.).
Regarding claim 19, Vignoito further discloses the disc element further comprises a second axial part 16 that forms a c-shape with the first axial part and the radial part (Fig.).
Regarding claim 20, Vignoito further discloses the second axial part has the coating (Fig.).
Claims 1, 2, 4, 5, 8-10, 12 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Vignoito in view of Ohtsuki.
Regarding claim 1, Vignoito discloses a wheel bearing unit (Fig.) for a motor vehicle (Title), comprising an outer ring 11, and a seal device (Fig.) disposed between the outer ring and a wheel hub 10 (Fig.), the seal device comprising at least one sealing element 2 fastened to the outer ring (Fig.), and a disc element 1 fastened to the wheel hub (Fig.), the disc element having a first axial part 18 and a radial part 17, and a surface of the first axial part facing the wheel hub is completely provided with a coating 3 (Fig.).
Vignoito fails to expressly disclose an inner ring fixed on a wheel hub.
Ohtsuki, however, as noted above, teaches an inner ring 1 fixed on a wheel hub 6 (Fig. 3).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the wheel bearing unit of Vignoito by including a separate inner ring fixed on the wheel hub, such as taught by Ohtsuki, as a well-known wheel bearing unit arrangement that would have a reasonable expectation of success in simplifying assembly.
Regarding claim 2, Vignoito further discloses the coating is formed from an elastomer (“rubber” per line 12 of col. 2).
Regarding claim 4, Vignoito further discloses a surface of the radial part facing the wheel hub is completely provided with the coating (Fig.).
Regarding claim 5, although Vignoito further discloses the coating on the first axial part has a groove 19 (Fig.), Vignoito fails to expressly disclose the first axial part having grooves (i.e., a plurality grooves).
Nonetheless, to have modified the first axial part of Vignoito to have a plurality of grooves would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention as a mere duplication of parts that would have a reasonable expectation of success in predictably ensuring the two zones of the compressed coating are independent from each other while also ensuring the seal device is better retained in place upon the hub during use of the wheel bearing unit (See In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960) where the court held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced)..
Regarding claim 8, Vignoito further discloses the sealing element has at least one seal carrier 15 and at least one sealing lip 13.
Regarding claim 9, Vignoito further discloses the coating further has an axial sealing lip 6 in contact with a radial section 9 of the wheel hub in an axial direction relative to the outer ring (Fig.).
Regarding claim 10, Vignoito further discloses the wheel hub and the disc element are connected to one another via form-fitting or a force-fitting via a groove structure 19 arranged on the coating of the first axial part (Fig.)
Regarding claim 12, Vignoito further discloses the disc element further comprises a second axial part 16, and a surface facing the outer ring and/or the sealing element has the coating (Fig.).
Regarding claim 18, Vignoito fails to disclose the sealing element comprises a sealing lip that contacts the radial part of the disc element.
Ohtsuki, however, teaches the sealing element comprising a sealing lip 16a that contacts the radial part 11b of the disc element 11 (Fig. 4).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the wheel bearing unit of Vignoito so that the sealing element comprises a sealing lip that contacts the radial part of the disc element, such as taught by Ohtsuki, as a well-known alternative sealing element arrangement that would provide predictable results for sealing the bearings from the infiltration of water, dust and mud.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Ohtsuki in view of Jimenez et al. (US 2020/0124179 A1; hereinafter “Jimenez”).
Although Ohtsuki discloses the coating is formed from rubber as noted above, Ohtsuki fails to expressly disclose the rubber being nitrile butadiene rubber.
Jimenez, however, teaches a wheel bearing unit in which the coating 150 is formed from nitrile butadiene rubber (paragraph [0036]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the wheel bearing unit of Ohtsuki by using nitrile butadiene rubber for the rubber material of the coating, such as taught by Jimenez, as a well-known rubber material that would have a reasonable expectation of success in providing predictable material and physical properties, such as good chemical and abrasion resistance.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Vignoito in view of Ohtsuki, as applied to claims 1 and 2 above, and further in view of Vignotto et al. (EP 0807775 A1; hereinafter “Vignotto”).
Vignoito, as modified by Ohtsuki, fails to disclose the wheel hub has grooves in a contact region with the coating.
Vignotto, however, teaches a ring 3, to which a disc element 15 is fastened, having grooves 32 (note line 7 of col. 4) in a contact region with a coating at 21 to ensure the seal device is secured in place during use (Fig.; line 54 of col. 3 through line 41 of col. 4).
From this teaching, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the wheel hub of the wheel bearing unit of Vignoito, as modified by Ohtsuki, to include grooves in a contact region with the coating with a reasonable expectation of success in better securing the seal device in place during use of the wheel bearing unit.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Ohtsuki.
Although Ohtsuki further discloses the coating has a cylindrical part (unlabeled axially extending part of 20 shown in Fig. 5B) and an adjoining conical part (unlabeled angled part of 20 shown in Fig. 5B) and the conical part of the coating widens at angle, Ohtsuki fails to expressly disclose the angle being between 1° and 5°.
Nonetheless, inasmuch as it is clear that such conical part is angled to facilitate assembly of the disc element (note paragraph [0131]), it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the wheel bearing unit of Ohtsuki, as a matter of routine optimization, to have formed the angle of the conical part of the coating to be between 1° and 5° based upon the dimensions of the components of the wheel bearing unit to facilitate assembly of the disc element while ensuring there is a sufficient interface between the seal device and the inner ring to prevent relative movement therebetween during use of the wheel bearing unit.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The references show other examples of sealing arrangements for wheel bearing units in which an axial part of a disc element is provided with a coating.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KIP T KOTTER whose telephone number is (571)272-7953. The examiner can normally be reached 9:30-6 EST Monday-Friday.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Samuel (Joe) J Morano can be reached at (571)272-6684. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Kip T Kotter/Primary Examiner, Art Unit 3615
